MATTER OF BOYLE


208 Misc. 942 (1955)

In the Matter of the Probate of The Will of Mary E. Boyle, Deceased.

Surrogate's Court, Broome County.

October 21, 1955.


Attorney(s) appearing for the Case

Boris Schneeberg and Matthew J. Vitanza for Joseph J. Boyle, proponent.

Anthony Fischette, contestant in person.

Robert L. Sweeney for St. Mary's Roman Catholic Orphan Asylum of Binghamton, contestant.

Myles B. Amend for Christian Brothers Institute, contestant.

Charles V. Scanlan and Myles B. Amend for House of Calvary, contestant.

John H. Weidner, special guardian for Rosalie D'Angelo, an infant, respondent.


PAGE, S.

In this contested proceeding for probate, we necessarily must give consideration to each of two wills purporting to have been executed by the decedent above named. For convenience in reference, these will be hereinafter designated as "the first will" and "the second will".

The first will appears to have been executed by the decedent on May 29, 1951. This will provides a specific bequest of a...

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